Explanation
REZONING APPLICATION: Z03-113.
APPLICANT: Kingsley Management; c/o David Perry, Agent, The David Perry Company and Donald T. Plank, Atty., Plank and Braham; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Addition of automatic carwash to existing retail commercial shopping center.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 11, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant's request for the CPD, Commercial Planned Development District to add an automatic carwash to an existing retail commercial shopping center is consistent with existing zoning and development patterns in this area. The current CPD zoning district permits the proposed use but the registered site plan provides only surface parking at the desired location of the carwash. The CPD site plan has been modified to show the carwash and a potential expansion of the anchor grocery store. The CPD text maintains all use restrictions and development standards that were established by the current CPD zoning district on this site (Z01-054) and adds building material standards for the carwash. The applicant has demonstrated that the site has sufficient parking for the proposed carwash and potential expansion of the anchor grocery store.
Title
To rezone 7000 EAST BROAD STREET (43213), being 12.15± acres located on the north side of East Broad Street, 475± feet west of Reynoldsburg-New Albany Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Z03-113).
Body
WHEREAS, application #Z03-113 is on file with the Building Services Division of the Department of Development requesting rezoning of 12.15± acres, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because applicant's request for the CPD, Commercial Planned Development District to add an automatic carwash to an existing retail commercial shopping center is consistent with existing zoning and development patterns in this area. The current CPD zoning district permits the proposed use but the registered site plan provides only surface parking at the desired location of the carwash. The CPD site plan has been modified to show the carwash and a potential expansion of the anchor grocery store. The CPD text maintains all use restrictions and development standards that were established by the current CPD zoning district on this site (Z01-054) and adds building material standards for the carwash. The applicant has demonstrated that the site has sufficient parking for the proposed carwash and potential expansion of the anchor grocery store; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
7000 EAST BROAD STREET (43213), being 12.15± acres located on the north side of East Broad Street, 475± feet west of Reynoldsburg-New Albany Road, and being more particularly described as follows:
LEGAL DESCRIPTION OF 12.148 ACRE TRACT TO BE REZONED AT 7000 EAST BROAD STREET, COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 4, Township 1 North, Range 16 West, United States Military Lands: Being 12.148 acres in Lot number One (1) in East broad Business Center, as shown of record in Plat Book 58, Pages 38 and 39, all referenced being to the Recorder's Office, Franklin county, Ohio, said 12.148 acres being a portion of a 13.714 acre tract of land conveyed as Tract I to Regency centers, L.P. by deed of record in Instrument 199805080112954, said 12.148 acre tract being bounded and described as follows:
Beginning, for reference, at a point at the intersection of the centerline of Reynoldsburg-New Albany Road with the centerline of East Broad Street (Ohio Route 16);
thence S 81° 48' 00" W along the centerline of East Broad Street a distance of 521.36 feet to a point;
thence N 8° 12' 00" W perpendicular to the centerline of East Broad Street a distance of 110.00 feet to a point in the north right-of-way line of East Broad Street, in a south line of said Lot No. 1, at a corner of said 13.714 acre tract, at the southwest corner of a 1.165 acre tract of land conveyed as Tract II to Regency Partners, L.P. by deed of record in Instrument 199805080112954 and at the true place of beginning of the tract herein intended to be described:
thence S 81° 48' 00" W along the north right-of-way line of East Broad Street, along a portion of a south line of said Lot No. 1 and along a portion of a south line of said 13.714 acre tract a distance of 159.53 feet to a point;
thence N 8° 12' 00" W perpendicular to the north right-of-way of East Broad Street, perpendicular to a south line of said Lot No. 1, perpendicular to a south line of said 13.714 acre tract and crossing a portion of said Lot No. 1 and said 13.714 acre tract a distance of 220.00 feet to a point;
thence S 81° 48' 00" W parallel with and 220.00 feet northerly by perpendicular measurement from the north right-of-way line of Est Broad Street, from a south line of said Lot No. 1, from a south line of said 13.714 acre tract and crossing a portion of said Lot No. 1 and said 13.714 acre tract a distance of 310.00 feet to a point;
thence S 8° 12' 00" E perpendicular to the north right-of-way line of East Broad Street, perpendicular to a south line of said Lot No. 1, perpendicular to a south line of said 13.714 acre tract and crossing a portion of said Lot No. 1 and said 13.714 acre tract a distance of 220.00 feet to a point in the north right-of-way line of East Broad Street, in a south line of said Lot No. 1 and in a south line of said 13.714 acre tract;
thence S 81° 48' 00" W along the north right-of-way line of East Broad Street, along a portion of a south line of said Lot No. 1 and along a portion of the south line of said 13.714 acre tract a distance of 68.00 feet to a point at the southwest corner of said 13.714 acre tract and at the southeast corner of a 1.102 acre tract of land conveyed to McDonald's Corporation by deed of record in Official Record 27084, Page I 17;
thence N 8° 12' 00" W along the west line of said 13.714 acre tract, along the east line of said 1.102 acre tract, along a portion of an east line of a 6.288 acre tract of land conveyed to Regency Center, L.P. by deed of record in Instrument 200005090090994 and crossing a portion of said Lot No. 1 a distance of 807.00 feet to a point at the northwest corner of said 13.714 acre tract and at the southwest corner of a 2.765 acre tract of land conveyed to Mid-Ohio Investments Limited by deed of record in Instrument 199902220044333;
thence N 81° 48' 00" E along a north line of said 13.714 acre tract, along the south line of said 2.765 acre tract and crossing a portion of said Lot No. 1 a distance of 682.95 feet to a point at a corner of said 13.714 acre tract, at the southeast corner of said 2.765 acre tract and in the southwest line of a 1.194 acre tract of land conveyed to CPA Investments, Inc. by deed of record in Official Record 22088, Page B 12;
thence S 50° 54' 20" E along a north line of said 13.714 acre tract, along a portion of the southwest line of said 1.194 acre tract and crossing a portion of said Lot No. 1 a distance of 27.35 feet to a point at a corner of said 13.714 acre tract and at a corner of said 1.194 acre tract;
thence S 72° 42' 00" E along a north line of said 13.714 acre tract, along the south line of said 1.194 acre tract and crossing a portion of said Lot No. 1 a distance of 22.21 feet to a point at a corner of said 13.714 acre tract and at a corner of said 1.194 acre tract;
thence N 39° 05' 40" E along a north line of said 13.714 acre tract, along a portion of the southeast line of said 1.194 acre tract and crossing a portion of said Lot No. 1 a distance of 166.76 feet to a point at the northeast corner of said 13.714 acre tract, in a west right-of-way line of Reynoldsburg-New Albany Road and at the northwest corner of a 0.144 acre tract of land conveyed out of said Lot No. 1 to The City of Columbus, Ohio, for Reynoldsburg-New Albany Road right-of-way purposes by deed of record in Official Record 27969, Page G 06, said point being 50.00 feet westerly by perpendicular measurement from the centerline of Reynoldsburg-New Albany Road;
thence S 17° 31' 00" E along the west right-of-way line of Reynoldsburg-New Albany Road, along an east line of said 13.714 acre tract and along a portion of the west line of said 0.144 acre tract a distance of 394.02 feet to a point at a southeast corner of said 13.714 acre tract and at the northeast corner of a 1.418 acre tract of land conveyed as Tract lll to Regency Centers, L. P. by deed of record in Instrument 199805080112954;
thence S 72° 29' 00" W along a south line of said 13.714 acre tract, along the north line of said 1.418 acre tract and crossing a portion of said Lot No. 1 a distance of 190.87 feet to a point at a corner of said 13.714 acre tract and at the northwest corner of said 1.418 acre tract;
thence S 8° 12' 00" E along an east line of said 13.714 acre tract, along the west line of said 1.418 acre tract and crossing a portion of said Lot No. 1 a distance of 265.49 feet to a point at a southeast corner of said 13.714 acre tract, at the southwest corner of said 1.418 acre tract and in a north line of said 1.165 acre tract;
thence S 89° 31' 55" W along a south line of said 13.714 acre tract, along a portion of a north line of said 1.165 acre tract and crossing a portion of said Lot No. 1 a distance of 109.81 feet to a point at a corner of said 13.714 acre tract and at a corner of said 1.165 acre tract;
thence S 81° 48' 00" W along a south line of said 13.714 acre tract, along a north line of said 1.165 acre tract and crossing a portion of said Lot No. 1 a distance of 73.19 feet to a point at a corner of said 13.714 acre tract and at the northwest corner of said 1.165 acre tract;
thence S 8° 12' 00" E along an east line of 13.714 acre tract, along a west line of said 1.165 acre tract and crossing a portion of said Lot No. 1 a distance of 220.00 feet to the true place of beginning ;
containing 12.148 acres of land more or less and being subject to all easements and restrictions of record.
To Rezone From: CPD, Commercial Planned Development District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District on this property.
SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plan being titled "CPD SITE PLAN, 7000 EAST BROAD STREET, COLUMBUS, OHIO 43123, MAY 6, 2004" and CPD text titled "DEVELOPMENT TEXT, CPD, COMMERCIAL PLANNED DEVELOPMENT, 7000 EAST BROAD STREET, 12.148± ACRES", both signed May 6, 2004 by David Perry, The David Perry Company, agent for the applicant and Donald T. Plank, Plank and Brahm, attorney for the Applicant, and the CPD text reading as follows:
DEVELOPMENT TEXT, CPD, COMMERCIAL PLANNED DEVELOPMENT, 7000 EAST BROAD STREET, 12.148 +/- ACRES, Z03-113
PROPERTY ADDRESS: 7000 East Broad Street, Columbus, OH 43213.
EXISTING ZONING: CPD, Commercial Planned Development.
PROPOSED ZONING: CPD, Commercial Planned Development.
OWNER: Regency Center, L.P. c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Esq., Plank and Brahm, 145 East Rich Street, Columbus, OH 43215.
APPLICANT: Kingsley Management c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Esq., Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
DATE OF TEXT: May 6, 2004
APPLICATION NUMBER: Z03-113
1. INTRODUCTION:
The subject property is currently zoned CPD, Commercial Planned Development (Z01-054) and is developed with a shopping center ("Eastpointe Shopping Center") consisting of existing retail and restaurant uses and retail sale of motor vehicle fuel. Most C-4 and all C-5 uses are presently permitted at the property under existing zoning. The existing zoning is subject to a site plan that shows parking in the area that applicant proposes to build an automatic car wash. Applicant submits this application to rezone the property to modify the CPD site plan to permit the development of an automatic car wash in an area presently developed with parking and indicated as parking on the current CPD site plan referenced in Z01-054. The plan titled "CPD Site Plan, 7000 East Broad Street, Columbus, OH 43123", hereinafter referred to as the "Plan", dated May 6, 2004 and signed May 6, 2004 by David B. Perry, Agent for Applicant, and by Donald Plank, Attorney for Applicant, is submitted with this application as the illustrative plan depicting existing and proposed development.
2. PERMITTED USES:
A. The permitted uses shall be all uses of Section 3356.03, C-4, Permitted Uses, and Section 3357.01, C-5 Commercial District, except those uses listed in 2.B.
B. The following uses shall be prohibited uses of the subject property:
Automobile Sales, Leasing and Rental; Bars, Cabarets and Nightclubs; Bowling alley; Dance hall; Nursing home; Plumbing shop; Poolroom; Public parking garage for pay; Skating rink; Testing or experimental laboratory; and Billboards.
3. DEVELOPMENT STANDARDS: Except as otherwise listed herein, the development standards established by the C-4, Commercial District and as depicted on The Plan, as applicable, shall apply.
A. Density, Height, Lot, and / or Setback Commitments.
(1) Building Setback Lines:
East Broad Street: Sixty (60) feet.
Reynoldsburg-New Albany Road: Fifty (50) feet
(2) Parking Setback Lines:
East Broad Street: Thirty (30) feet.
Reynoldsburg-New Albany Road: Twenty-Five (25) feet
(3) The site shall be designated as being in an H-35 Height District.
B. Access, Loading, Parking, and / or Other Traffic Related Commitments.
All circulation, curbcuts and access points shall be subject to the approval of the Transportation Division. Existing vehicular access points are depicted on the Plan.
C. Buffering, Landscaping, Open Space, and / or Screening Commitments.
(1) Street trees shall be required along East Broad Street and Reynoldsburg-New Albany Road with tree spacing approximately every thirty (30) feet within the parking setback areas.
(2) A minimum three (3) foot in height screening mechanism shall be planted or constructed along Broad Street and Reynoldsburg-New Albany Road in the setback area. The mechanism shall be evergreen hedge or masonry wall, built utilizing materials that are comparable and compatible with the building materials and existing development.
(3) Any mechanical equipment or utility hardware on the roof of the fueling facility building or fueling facility canopy shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment for the fueling facility shall be fully screened from view from ground level by landscaping or any fence or wall utilizing materials that are comparable and compatible with the building materials and existing development.
(4) Landscaped areas shall be provided as depicted on the Plan.
(5) A maximum of twenty (20) deciduous, ten (10) ornamental, and forty (40) evergreen plantings shall be planted around the Fuel Center Development Area in the area indicated on the Plan as Landscape Area.
(6) All trees shall be a minimum of 2 ½ inch caliper for deciduous, 1 ½ inch for ornamental, and 5 feet in height for evergreen, at time of installation.
(7) All landscaping shall be maintained in a healthy condition. Dead material shall be replaced with new landscaping within six months or the next planting season, whichever comes first.
D. Building Design and / or Interior-Exterior Treatment Commitments.
(1) All exterior treatments of the fueling facility building and fueling facility canopy shall be consistent with the existing Kroger store maintaining similar colors and materials.
(2) The fueling facility building(s) shall be finished on all sides/elevations with brick veneer.
(3) The fuel canopy structure shall be finished with the following materials, individually or in any combination thereof: a) brick, b) stucco (or comparable material), c) thru wall masonry units, d) split face, fluted, or polished masonry units, e) wood, f) glass, g) aluminum and glass framing and/or pre-colored metal or shingles.
(4) The car wash building shall be primarily finished in brick. The brick shall be selected to match, as closely as reasonably possible, the brick used on the shopping center and fuel center building and canopy columns.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
(1) An ice machine and soft-drink machines may be placed along the front or side of the fueling facility building.
(2) Notwithstanding the ice and soft-drink machines, outside sales displays at the fueling facility will be limited to automotive displays as follows:
(a) In front of the fueling facility building along the sidewalk, four (4) feet in depth and twelve (12) feet in width.
(b) A 4' x 4' area at the ends of the pump islands at the fueling facility.
(c) The maximum height for any outside display areas at the fueling facility shall be three (3) feet.
(3) All external outdoor lighting for the fueling facility shall be cut-off fixtures (down lighting), shall be recessed under the fueling facility canopy, shall be from the same or similar manufacturer's type and style and shall be designed and placed to minimize off-site light and glare and to prevent upward projection of light visible from the air.
(4) All new light poles and standards shall be consistent with those of the existing development.
(5) All new light poles will conform in height to the height of the existing light poles in the shopping center.
F. Graphics and / or Signage Commitments.
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as applicable to the C-4, Commercial District. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Code Standards Modifications:
The East Broad Street building setback line is reduced from 80 feet based on the current 6-2-D (160') designation in the Columbus Thoroughfare Plan, to sixty (60) feet. Right of way totaling 80 feet from centerline is existing. The 60 foot building setback line reflects established East Broad Street setbacks in the vicinity of the site. Car wash stacking is reduced from a total of 12 for a 2 Bay automatic car wash to a total of 6 and there will not be any exclusive by-pass lane within the car wash development area. Existing shopping center circulation and circulation around and adjacent to the car wash area provides vehicle by-pass function. The car wash may be built in phases, as noted on the Plan.
H. Miscellaneous Commitments.
The plan titled "CPD Site Plan, 7000 East Broad Street, Columbus, OH 43123", hereinafter referred to as the "Plan", dated May 6, 2004 and signed May 6, 2004 by David B. Perry, Agent for Applicant, and Donald Plank, Attorney for Applicant, is submitted with this application as the illustrative plan depicting existing and proposed development. The Plan shall not be interpreted as being binding relative to building footprints or number, location or configuration of parking spaces. To the extent that any future development complies with applicable development standards, no modification of the Plan shall be required. To the extent that any proposed future development does not comply with applicable development standards, the Board of Zoning Adjustment shall be the body to hear any proposed variance to a development standard(s), including any specific development standard contained in this text or as depicted on the Plan. Existing development including building footprints and parking, is depicted solely for the purpose of illustrating the existing site development and its relationship to the proposed car wash. If the car wash is not developed, the car wash area depicted on the Plan may continue to be used for parking or may be developed with another use consistent with the permitted uses and standards of the CPD. Information on current calculated required parking is provided only to illustrate compliance with current required parking based on the removal of existing parking spaces for the car wash.
4. CPD REQUIREMENTS:
A. Natural Environment. The natural environment is flat. The site is developed with a shopping center. The car wash development area is paved and stripped for parking spaces.
B. Existing Land Use. The proposed CPD area is paved and developed as a commercial retail shopping center, retail motor vehicle fuel sales and accessory parking.
C. Transportation and Circulation. Access to and from the site will be from East Broad Street and Reynoldsburg-New Albany Road.
D. Visual Form of the Environment. The area surrounding the site is developed as allowed by existing zoning.
E. View and Visibility. Applicant believes that the proposed use and improvements will enhance the site. Applicant believes that the proposed use will in no way diminish the neighborhood.
F. Proposed Development. Retail commercial and motor vehicle fuel sales uses are existing. All C-5 uses are permitted under existing zoning. Applicant submits this rezoning to permit the
development of an automatic car wash where parking is presently depicted on the
site plan referenced in Ordinance 0690-02 (Z01-054).
G. Behavior Patterns. Vehicular access to the Eastpointe Shopping Center site will be from East Broad Street and Reynoldsburg-New Albany Road. There is no direct vehicular access from East Broad Street or Reynoldsburg New-Albany Road for the car wash development area.
H. Emissions. Emissions generated from the use of this site will not substantially affect the environment or alter the use and enjoyment of the surrounding neighborhood or neighborhoods.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.